Environment Bill

Richard Thomson Excerpts

Report stage & Report stage: House of Commons
Tuesday 26th January 2021 Commons Chamber

[Stephen Farry (North Down) (Alliance) [V]]

I share with many others the frustration at the delay of this Bill, which started out long before other pieces of legislation, including some incredibly consequential Bills on Brexit that were rammed through with minimal scrutiny. I want to focus in particular on Government amendment 20 and, briefly, new clause 17, and I offer my support for other progressive amendments.

By way of context, arising from the protocol there is a greater ongoing requirement for Northern Ireland to remain aligned to the European Union. This is a good thing. However, governance needs to be considered separately from policy. It should go without saying that independence and an ability to prosecute effectively are critical to the Office for Environmental Protection, but that is not the case.

This Bill grants the Secretary of State in England and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland the power to issue guidance to the OEP on certain matters that must be included in the OEP’s enforcement policy. The Government claim that the new power does not grant the Secretary of State or DAERA any ability to intervene in decision making about civic or individual cases, and that the OEP does not have to act strictly in accordance with the guidance where it has clear reasons not to do so.

While technically correct, it is clear, especially in the context of all the other Government amendments, that the new power will have the effect of allocating Ministers a central role in shaping the basic principles of the watchdog and a severely constraining effect on the OEP’s ability to act independently. This power to provide guidance therefore inverts the intended hierarchy, in which the OEP oversees Ministers, in that it gives Ministers the role of overseeing the OEP. I do not believe that this role has been given sufficient scrutiny in Northern Ireland with respect to the role of DAERA.

I also want to stress that the Office for Environmental Protection is not the summit of environmental governance in Northern Ireland. The New Decade, New Approach agreement, which restored the Northern Ireland Executive this time last year, contained a commitment to an independent environmental protection agency. This will be different in its scope and role from the OEP, and the OEP should not be used as an excuse for not proceeding with an EPA.

Finally, I want to speak very briefly in support of new clause 17. The pandemic has laid bare the need for a new outlook on our economy and wider society. We need to look, therefore, at a new, more holistic and inclusive economic model, including more sophisticated economic objectives and indicators such as environmental regeneration, renewable energy and the UK’s impact overseas, alongside health, incomes, security, equality, inclusion, affordable housing and the wellbeing of future generations.

[Richard Thomson (Gordon) (SNP) [V]]

For all that hon. Members have said that this is a good and necessary Bill, devolution means that it will not have a huge impact on my constituents. The aspects of it that will have an impact have received legislative consent from the Scottish Parliament, which was an important step. More widely, legislative consent needs to be respected by the UK Government more often that just when it happens to suit them.

Amendments 43 and 44, in the names of my SNP and Plaid Cymru colleagues, will not be voted on, but the importance of the principles behind them remains. They would remove the exemptions for armed forces, defence and national security policy from the requirement to have due regard to the policy statement on environmental principles and environmental law. They would also remove the exemptions for tax, spending and the allocation of resources.

We know of the long-term problems caused by munitions dumped at Beaufort’s Dyke between Scotland and Northern Ireland, the impact that military research can have on the environment, the radioactivity on beaches in Fife and the long-term problems left by the decommissioning of nuclear-powered submarines. They have all left us with a literally toxic environmental legacy. Like decisions about taxation, spending and allocating resources, decisions about those matters cannot be divorced from their environmental impact, and the Government cannot be exempted from their wider responsibilities in those regards. This is not about subordinating security or decisions about the economy to the needs of the environment or vice versa; it is about ensuring that the wider policy considerations and responsibilities for the environment are given due regard at all times in the decision-making process.

It is important to recognise that the EU has some of the strongest environmental targets, laws and protections in the world, and our departure has put them under threat. As an EU member, the UK was forced to match those standards. Unlike the Scottish Parliament’s EU continuity Bill, this Bill sadly does not include any non-regression clauses in that regard. The promises of non-regression rely on the intent of this and future Governments to stand by that pledge. It would give me and a great many others much greater assurance about the Government’s good intentions if they were to allow the insertion of a non-regression principle into the Bill as it progresses through the other place.

[Emma Hardy (Kingston upon Hull West and Hessle) (Lab) [V]]

In the winter of 2019-20, the people of Hull planted 1,300 alder buckthorn trees as part of the butterfly city community initiative. That was done with Hull City Council, local primary schools and community orchard and garden groups across the city. The principal aim was to benefit the brimstone butterfly, as the leaves are food for it, but it was also important to start a conversation about biodiversity.

The planting of the trees was not just about biodiversity; it was also to help to clean our air. Improving the quality of the air we breathe is a priority for Hull. In 2017, the last year for which records are available, Centre for Cities analysis estimated that more than 1,500 deaths in Hull—one in 20—were due to air pollution, making it the most badly affected place in Yorkshire. The major disease-causing component of air pollution is known as fine particulate matter or PM_2.5. It can be any solid or liquid particles that are smaller than 2.5 micrometres suspended in the air. The tiny size of the particles makes that form of pollution effectively invisible to the human eye. It is not smog or the haze that we normally associate with pollution, it can even be present on what appears to be a clear and sunny day.

There is no effective defence—no mitigation—if we live in an area of high levels. The particles settle in our airways and are small enough to enter our bloodstream. A study by King’s College London of people living within 50 metres of a major road showed that roadside air pollution can stunt children’s lung growth, make asthmatic children more likely to cough and raise people’s risk of a heart attack, stroke, heart disease and lung cancer. Studies from around the world have linked PM_2.5 to low birth rates, diabetes and diseases such as Alzheimer’s and Parkinson’s.

Air pollution has a cost not just in terms of health and quality of life, but an estimated financial cost of up to £20 billion a year. Based on 2018 data, it is estimated that more than 22 million people in the UK live in areas with levels of PM_2.5 above those recommended by the World Health Organisation, yet those deadly levels of air pollution are entirely legal. The Government are well aware of the problems, the costs and the number of deaths. The 2019 air quality strategy clearly states:

“Air quality is the largest environmental health risk in the UK.”

The Labour party wants this country to be the best to grow up in and the best to grow old in, and we want that for everyone, regardless of where they happen to live. That is why we are calling for the adoption into law of the World Health Organisation air quality standards. I urge the Government to take action today, clean up the air and accept our amendment.

--- Later in debate ---

[Rachel Hopkins [V]]

The River Lea flows all the way through my constituency of Luton South, so I shall start by welcoming the earlier clarification stating that clause 82 should cover damage caused to chalk streams as a result of low flow, as championed by the hon. Member for Broxbourne (Sir Charles Walker). I will be supporting the Opposition Front-Bench amendments, including amendment 24 on chemical regulations, but I want to speak specifically about waste management in support of new clause 8, which will require the Secretary of State to take account of the waste hierarchy, starting with the priority action of prevention.

The waste hierarchy refers to the priority order of managing waste: prevention; preparing for reuse; recycling; other forms of recovery; and disposal. To tackle the climate and ecological emergency, there must be a preventive and focused approach to waste management. I am fully aware that the Minister has stated that the Bill enables the Government to place obligations, including targets, on producers to prevent waste, but I am concerned that the Government are refusing to explicitly put that commitment to prioritising preventive action in the Bill. The Bill should use the strongest possible language to demonstrate the UK’s commitment to preventing the creation of waste, as well as to the reusing and recycling of it.

Local government has a crucial role in waste management and in tackling unnecessary and unrecyclable material. Community-based action to shape attitudes and behaviour is vital to improving the UK’s sustainable management of waste, and bolder language would further empower councils to take stronger action.

Luton Council’s waste management strategy for 2018 to 2028 is committed to a “waste less, recycle more” plan that recognises the importance of limiting the amount of waste. As well as ensuring that the recycling process is efficient, the waste minimisation strategy has a focus on behaviour change through education, engagement and communication, including working with schools, encouraging visitors to reduce the amount of waste and maintaining waste standards. However, unprecedented budget cuts imposed by the Government’s austerity agenda over the last decade have restricted the great work that councils do to sustainably tackle waste, so I urge the Government to back Labour’s amendment, to use stronger language to tackle waste prevention and to empower our councils by providing more financial support to expand preventive waste strategies in our communities.

[Richard Thomson [V]]

I want to speak to new clause 10, tabled in the name of Scottish National party and Plaid Cymru colleagues, and also to new schedule 1. My hon. Friend the Member for Glasgow East (David Linden) spoke eloquently about the impact on the environment of disposable nappies, and about the sometimes misleading claims made about their environmental friendliness by the manufacturers. My partner and I decided to use cloth nappies for our children. I fully understand that, for varying reasons, that is not a decision that everyone feels able to take, or something that people can do 100% of the time, but it was a choice that worked very well for us.

New clause 10 and new schedule 1, taken together, would establish the basis on which the Government could act to address the problem of waste caused by nappies that are not reusable. Establishing clear standards for disposable nappies would help parents to make informed choices. It would provide clarity over terms such as “reusable”, “biodegradable”, “eco-friendly”, “environmentally friendly” and anything else that was put into the mix. That would help parents by making it clear what they were buying and what the impact of that choice would be. Furthermore, the schedule would, through the relevant national authorities cited, oblige the Government to begin to encourage local authorities to promote the use of reusable nappies if they do not do so already—I know that some do—and so reduce waste, by working alongside parents as well as existing schemes such as nappy libraries, which many parents find so valuable.

The waste that comes from disposable nappies is one of the biggest single environmental problems that we face, but it is also, potentially, one of the easiest for us to begin to solve through the provision of good information and good incentives from Government. To do so would be good for babies and good for the world that they grow up in. It is something that we are able to act on, and we should look to do so.